EEOC MOVES TO INTERVENE IN QUIETFLEX LAWSUIT

WASHINGTON - The U.S. Equal Employment Opportunity Commission
(EEOC) filed a motion to intervene in an employment discrimination
class action lawsuit against Quietflex Manufacturing Co.
(QuietFlex) and Goodman Manufacturing Company (Goodman), both based
in Houston, Texas. The suit alleges that the companies violated
Title VII of the Civil Rights Act of 1964 by intentionally failing
to hire and recruit Hispanic employees and intentionally
segregating them into lower paying jobs because of their national
origin. QuietFlex is a major provider of air duct and accessories
with manufacturing facilities in Atlanta, Houston and Phoenix, and
distributors nationwide. Its parent company, Goodman, manufactures
air conditioning units which are distributed nationwide.

The Commission alleges that Quietflex and Goodman prevented
Hispanic employees from working in a higher paying and safer
department that was overwhelmingly Asian - despite the fact that
the skill level in both departments was entry level. The Commission
alleges that unnecessary English-fluency requirements were used as
a means of preventing Hispanic workers from being hired into or
transferring into the higher paying department.

The two departments, 910 and 911, were adjacent to one another
and required no special skills. However, Hispanic applicants were
routinely sent to work in department 911. Once there, the Hispanic
workers were forced to clean the lunchroom and were not allowed to
leave their areas for breaks - unlike their counterparts in
department 910.

Noting that it is rare for the EEOC to intervene in a private
lawsuit, Commission Chair Cari M. Dominguez said: "This is an
important case and the EEOC is seeking to intervene in the public
interest.

"It is unlawful for employers to maintain segregated workforces
based on national origin. All individuals deserve the freedom to
compete and advance in the workplace without discriminatory
barriers to mobility and opportunity."

The lawsuit was initiated by 75 Hispanic workers on October 10,
2001. The workers filed charges of discrimination with the EEOC's
Houston District Office in January 2000, alleging, among other
things, adverse terms and conditions of employment based on
national origin and retaliatory discharge under Title VII.

"This case is a classic example of egregious discrimination
against low-wage immigrant workers," said H. Joan Ehrlich, District
Director of the EEOC's Houston District Office. "There is no
justification for abusing and exploiting any group of employees or
applicants on the basis of national origin or any other
discriminatory factor. It is unlawful for any employer to maintain
a segregated workforce and place employees in so-called 'ethnic
jobs.' "

Failing to recruit and hire qualified Hispanics for operator
positions in department 910;

Utilizing a policy and practice of requiring Hispanic employees
to speak English as a prerequisite to hiring into department 910
and/or transferring into department 910 while, at the same time,
exempting non-Hispanic applicants and employees from the English
language prerequisite for entry into department 910;

Maintaining segregated job classifications/departments which
adversely impact Hispanic employees by depriving them of more
lucrative positions; and

Failing to hire, transfer and/or promote Hispanics to positions
in department 910 because of their national origin.

Jim Sacher, Regional Attorney of the EEOC's Houston office,
said: "When hardworking employees are stripped of promotional
opportunities because they speak Spanish, the EEOC will help
restore a level playing field. In this case, the English-fluency
requirement was neither job-related nor consistent with business
necessity for the positions in question."

The EEOC seeks a permanent injunction against Quietflex
prohibiting it from engaging in employment practices that
discriminate on the basis of national origin. The EEOC also asks
the Court to order back wages plus interest, compensatory damages,
and punitive damages for Mr. Fermin Colindres and other Hispanics.
The EEOC filed suit after, investigating the case, finding
discrimination took place, and exhausting its conciliation efforts
to reach a voluntary pre-litigation settlement. Commission
interventions represent less than 1% of all annual agency
litigation.

EEOC enforces Title VII of the Civil Rights Act of 1964, which
prohibits employment discrimination based on race, color, religion,
sex, or national origin; the Age Discrimination in Employment Act;
the Equal Pay Act; Title I of the Americans with Disabilities Act,
which prohibits discrimination against people with disabilities in
the private sector and state and local governments; sections of the
Rehabilitation Act of 1973, which prohibit disability
discrimination in the federal government; and sections of the Civil
Rights Act of 1991. Further information about the Commission is
available on its web site at www.eeoc.gov